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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno


4A:10-2.1 General provisions
(a) Where there is evidence of a violation of or noncompliance with Title 11A, New Jersey Statutes, or Title 4A, N.J.A.C., the Civil Service Commission shall conduct an investigatory hearing or other review, as appropriate. If a violation or noncompliance is found, the Commission may:

  1. Issue an order of compliance;
  2. Assess costs, charges, and fines not to exceed $10,000;
  3. Order the appointment of an eligible from an outstanding list;
  4. In State service, consolidate personnel functions;
  5. Initiate a civil action in the Superior Court;
  6. Recommend criminal prosecution; or
  7. Take other appropriate action pursuant to law or rule.

(b) See N.J.A.C. 4A:10-3.1 and 3.2 for salary disapproval procedures.

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(a) When the examination process has been initiated due to the appointment of a provisional or at an appointing authority's request, the appointing authority shall make an appointment from a resulting complete certification.

  1. When an appointing authority has notified the Chairperson or designee, either by the date of the examination or within 30 days after the initial date of the examination announcement, whichever date is earlier, that it has vacated the position and terminated the provisional appointee, the Chairperson or designee may cancel the examination, permit the appointing authority not to make a permanent appointment, or take other appropriate action.
  2. Following the period set forth in (a)1 above, an appointing authority may, for valid reasons such as fiscal constraints, petition the Commission for permission not to make a permanent appointment. The Commission may grant such petition, but may order the appointing authority to reimburse the Commission for the costs of the selection process, provided, however, that when the jurisdiction in which the appointing authority is situated has agreed to the intergovernmental transfer pursuant to N.J.A.C. 4A:4-7.1A of an employee into a title for which an open competitive or promotional list exists, the appointing authority may petition the Commission for a waiver of the costs of the selection process. The Commission shall notify the appointing authority of the amount of the reimbursement and provide an opportunity to respond to the assessment within 20 days of such notice.

(b) In addition to the actions which the Commission may take in (a) above, the Commission may take any action set forth in N.J.A.C. 4A:10-2.1. Prior to any such action being taken, the appointing authority shall be given notice and an opportunity to respond. top of page

The Commission or any resident or other party in interest may bring an action in the Superior Court for the enforcement of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or the Commission. The Commission may join in any pending action.

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It is a crime of the fourth degree for any person to purposefully or knowingly violate or conspire to violate any provision of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or Commission.

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